H1B Transfer, when current H1B Extension has got an RFE

[JavaJack]

Folks,

My I-94 expired on 03/30/2008 and my I-129 was filed on 01/25/2008. Now I have got an RFE. Details are:
-------------------------------------
H1 filing date: 01/25/2008
H1 type (New, Extension, Transfer): EXTENSION
H1 filing type (Normal/Premium):NORMAL
RFE issued date:06/04/2008
RFE issued processing center:CSC
RFE short explanation: NOT AVAILABLE
RFE reply date: NOT REPLIED YET
RFE reply type (FAX, Post):NA
Case Status (Approval/Denial/Pending): PENDING
LUD (Last updated date):06/04/2008
Online Current Message: Request for Additional Evidence Sent
-------------------------------------
As a policy, my company does not inform content of RFE to employees.

I have a few questions and would be thankful to you, if I get answer:

1. My current H1B/I-94 is expired. H1B Extension is filed by Company A. USCIS has raised an RFE for it. Can I transfer my H1B to Company B?

2.If answer of Que 1. is yes, what is the best time to transfer my H1B to company B? What are risk factors?

3. If answer of Que 2. is no, is there any other option to be in status in US?

4. What is recent trend for I-129 Extension Approval/Denial?

Thank you for your time to respond this post.

[JavaJack]

**Please reply - H1B Transfer, when current H1B Extension has got an RFE

Guys,

I would really be thankful to you, if anyone has gone through this kind of situation in past. I need some input on this ASAP, as my status is critical.

[txh1b]

Search for the word 'bridging' on the forum and go through the posts.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

D. H-1B Portability Provisions

1. Portability and "Bridging"

AC21 allows a foreign national who was previously in H-1B status to begin new employment (or to "port") upon the filing of an H-1B petition by a prospective employer. (As opposed to having to wait for petition approval before starting the new job). The memo states that a foreign national can port to new employment while an extension of H-1B status filed by another employer is pending on the foreign national's behalf.

For example, a foreign national is working for Employer A for 3 years. Prior to expiration of the foreign national's H-1B status, Employer A files a petition to extend his stay. While that petition is pending, the foreign national's H-1B status expires but the foreign national remains in a "period of stay authorized by the Attorney General," and is authorized to continue working for 240 days under 8 CFR 274A.12(b)(20). While the extension continues to pend, Employer B files a petition for new H-1B employment on the foreign national's behalf. Under the memo, the foreign national may go to work for Employer B immediately upon the filing of the new petition by Employer B, regardless of the fact that the foreign national was technically out of status when Employer B filed the new petition.

In addition, successive H-1B portability petitions can be filed on a foreign national's behalf so long as each portability petition separately meets the requirements for H-1B classification and extension of stay. However, if one of the bridging petitions is denied, it will most likely result in the foreign national's going out of status and beginning to accrue unlawful presence.

[JavaJack]

Thank you very much, txh1b! Your reply to my post has given required information to me.

Thanks again!

[awsiddiq]

Transfering h1b to company B when received RFE on Company A's h1b extension filing

Hi,

I was reading this post, and I'm wondering if someone has RFE on company A's h1b extension filing, and while this case was pending, his h1b transfer was approved by company B. Later on he found out that company A's h1b extension got denied, but he still has approved h1b transfer and valid I-94 dates on company B's h1b transfer. Is that person still considered out of status ?


Thanks

[txh1b]

If the person is working for the new company for which the I-94 is valid, then he is in status. If he wants to work for the company that has the extension filed, he cannot and is out of status.

[gokulmds]

New H1-B Transfer while RFE is raised during current H1b transfer

Hi,

I applied for my h1-b transfer more than 3 months ago and last month I received an RFE (all concerning employer verification details). I am concerned whether my h1-b will be approved after my employer submits the required evidence, so I am thinking of transferring my H1-B through a new employer. Is this possible?
Also, I have not received any pay stub from my current employer. Please advice.

Thanks!

[txh1b]

Also, I have not received any pay stub from my current employer. Please advice.

Why is that?

[immirag]

For example, a foreign national is working for Employer A for 3 years. Prior to expiration of the foreign national's H-1B status, Employer A files a petition to extend his stay. While that petition is pending, the foreign national's H-1B status expires but the foreign national remains in a "period of stay authorized by the Attorney General," and is authorized to continue working for 240 days under 8 CFR 274A.12(b)(20). While the extension continues to pend, Employer B files a petition for new H-1B employment on the foreign national's behalf. Under the memo, the foreign national may go to work for Employer B immediately upon the filing of the new petition by Employer B, regardless of the fact that the foreign national was technically out of status when Employer B filed the new petition.

Please pardon my ignorance but does it mean thet the company B has to File a new H1? or is there anyother option?(h1 transfer to B and then H1extenstion)

[shervin143]

What do you think an H1B transfer is? It is a new H1B under the same CAP. When you apply for transfer, the approval will come with an extended I-94.

Please pardon my ignorance but does it mean thet the company B has to File a new H1? or is there anyother option?(h1 transfer to B and then H1extenstion)